Denying bail to reduce B.C. crime a 'dangerous' proposition: Canadian Civil Liberties Association

The entrance to Vancouver provincial court on Main Street is seen in a CTV News file image.

The way crime and the bail system are being talked about in B.C is being described as "dangerous" and "concerning" by the Canadian Civil Liberties Association.

Abby Deshman, the director of the organization's Criminal Justice Program, says she was recently compelled to draft an open letter, in part to respond to the repeated suggestion that more people – and not fewer – should be held in custody without bail when they are arrested.

"The discussions that were happening in British Columbia really struck me because they ran so counter to so many of the things that are fundamental to our justice system, and so many things that we know about crime and the role of police and the courts in Canada.," she told CTV News.

"It's been talking about the need for the bail system to release fewer people, which flies in the face of the presumption of innocence and the idea that we imprison people after they are found guilty, in a way that is proportionate to the crimes that the justice system has determined they committed. It's a really dangerous and concerning precedent to set."

CHARTER RIGHTS

Deshman notes that in addition to the presumption of innocence, the Charter of Rights and Freedoms also guarantees a right to reasonable bail. That right, she said, is one that too many people are still being denied.

"We have spent the last 10 years having a national discussion about skyrocketing rates of pretrial detention, about the fact that our bail system is broken -- not because it's letting people out, but because it is detaining too many people," she said, adding that this has not been shown to improve community safety or to prevent people from re-offending.

"Ultimately, we shouldn't be looking to the police and the criminal justice system to respond to really deeply embedded problems that have their roots in lack of social services, homelessness, the skyrocketing cost of living cost of living, mental health and the criminalization of drugs and lack of addiction services."

RATES OF REMAND

The most recent detailed report from Statistics Canada, based on data from 2018 and 2019, found that 67 per cent of those incarcerated in B.C.'s provincial jails were there on remand, awaiting either a trial or sentencing. Nation-wide, the report said there were 70 per cent more people remanded in custody than were serving sentences.

However, in British Columbia's legislature and on the campaign trail in the lead-up to the Oct. 15 municipal election, there has been intense focus on so-called repeat offenders and on random violence. Both the opposition BC Liberals and candidates for civic office have characterized the justice system in the province as one that favours the "catch and release" of criminals, calling for people to be held without bail in the name of public safety.

While B.C.'s attorney general has resisted calls to intervene and direct the Crown to seek detention in more cases, Murray Rankin has also said he will be raising the issue of bail with the federal justice minister and his provincial and territorial counterparts this week at a meeting in Ottawa.

Rankin told CTV News that reforms to bail provisions through federal Bill C-75 have had the unintended consequence of seeing more violent, repeat offenders released.

It's a claim that Deshman roundly rejects.

"Bill C-75 didn't actually change anything in terms of law," she said.

"It has always been the case that people are presumed innocent until they're found guilty, that detaining someone before a trial should be an extraordinary thing to do and should only be done in the narrowest of circumstances."

IS B.C. 'SOFT' ON CRIME?

The notion that B.C. and the current provincial or municipal governments are "softer" on crime than others in the country is one she says needs to be viewed with skepticism, and not only because both the Criminal Code of Canada and the Charter of Rights and Freedoms are federal.

"The idea of being 'soft' on crime is such a charged and politically loaded slogan. It to me really speaks to a political discussion that often comes up in the context of elections. It's more of a soundbite than a reflection of an actual reasonable discussion about what crime is and how it impacts people, and how we can best support communities," she said.

"It is really common for people to try and make political points through criticizing the criminal justice system or appealing to people's sense of safety or their fears. It can be very effective politically, and it can be incredibly damaging to the communities and individuals that bear the brunt of policies that flow from that type of political posturing."

Deshman points to the persistent overrepresentation of Indigenous people, Black Canadians, people who are poor, and others who are already marginalized in arrest and prison statistics. Any policy that favours holding more people in custody, she says, will inevitably compound and perpetuate this disparity.

CRIME STATISTICS VS. FEELINGS OF SAFETY

The head of the BC Prosecution Service has also recently weighed in on these issues, in part, saying data does not support an argument that crime is surging or skyrocketing and issuing a rare statement decrying "uninformed or inaccurate public statements."

Similarly, the CCLA's open letter – which has been signed by dozens of advocates, lawyers, and experts – points to federal data showing that crime has not spiked in the province.

However, police spokespeople and politicians have said that data does not tell the entire story, stressing people's persistent feelings and concerns about a perceived lack of safety province-wide.

Last month, the province released a report authored by two experts titled "A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia." It was the result of a study undertaken at the behest of the BC Urban Mayors' Caucus.

That report also rejected the idea that the complex reality of public safety is something that can be quantified.

"It would be disrespectful to dismiss the concerns expressed by the BC Mayors and many other stakeholders – which were highly consistent across jurisdictions – on the basis of official crime statistics," the report reads.

"There is a significant problem with street crime and disorder, including an increase in violence and aggression, and it is deserving of attention."

Desham said she has no doubt that people's experiences and feelings have been accurately reflected, further she says being the victim of a crime or fearful about becoming one has intensely personal and emotional consequences. But she does not think the criminal justice system can or should be called upon to respond to these concerns.

"Those feelings need to be addressed. Communities need to have dialogue, to talk about what safety means, to talk about how they can create networks of safety -- all of that is important," she said.

"I get very, very concerned when we start changing laws and urging radical departures from fairness in the criminal justice system based on sentiments of safety."